GIPSA enters the home stretch

With help from Jenny Hopkinson, Helena Bottemiller Evich and Adam Behsudi

GIPSA ENTERS THE HOME STRETCH: Hoping to end a six-year regulatory tug of war, the USDA has sent drafts of its Grain Inspection, Packers and Stockyards Administration Act rules to the White House for final review, indicating the department will release them to the public before the Obama administration ends.

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Details of the new regulations will be kept under wraps for the next few weeks. But Agriculture Secretary Tom Vilsack explained, in a letter to meat industry groups last week, that USDA has been working on three different issuances, including an interim final rule and a proposal, all of which deal with the way poultry processors work with growers. At the same time, Vilsack said USDA is considering leaving out several provisions that were contained in a GIPSA rule proposed in 2010, including those that would have prevented meatpackers from buying livestock from other packers, banned packers from entering into exclusive agreements with certain livestock dealers, and required packers and live poultry dealers to submit sample contracts to USDA for sharing with the public.

HAPPY MONDAY, OCT. 17! Welcome to Morning Ag, where your host is hoping that something — anything — about ag will come up in the last presidential debate, on Wednesday — but he’s not holding his breath. You know the deal: Thoughts, news, tips? Send them to ikullgren@politico.com or @IanKullgren. Follow the whole team at @Morning_Ag.

— Calendar check: 22 days until the election.

THE GIPSA FIGHT IS ON: It remains unclear whether those potential changes will be enough to stop a GIPSA rider in the House ag appropriations bill. For the time being, the meat industry is putting up a fight. “It is irresponsible for USDA to advance this stale six-year-old rulemaking,” Barry Carpenter, president and CEO of the North American Meat Institute, said in a statement. “The interim final rule, as described, will open a floodgate of litigation, upend the established system for marketing cattle, pork, and poultry in the U.S., and add costs at every step along the process from producers to consumers.”

Senate Agriculture Committee Chairman Pat Roberts (R-Kan.) was also quick to condemn the USDA. "While the impact of these rules is not fully known, if they are in any way similar to the 2010 GIPSA proposal, I have serious concerns that the U.S. livestock, poultry, and meat sectors will be tremendously burdened and experience irreparable harm during already difficult economic times,” he said in a statement.

Progressive groups, including National Farmers Union and the National Sustainable Agriculture Coalition, said the rules are long overdue and will protect farmers. “Livestock producers and poultry growers have been waiting too long for much needed protections against the fraudulent, anti-competitive practices they fall victim to in the marketplace,” NFU President Roger Johnson said in a statement.

THIS WEEK: GLYPHOSATE COMMENTS DUE; TRUMP, CLINTON AG SURROGATES FACE OFF: The highly anticipated meeting on glyphosate’s carcinogenic potential, scheduled for later this week, was postponed — but comments are still due by Monday night on issues that will be considered at the meeting, including the questions to be put before the panel and the selection of independent experts asked to serve. Scores of groups have already weighed in, and things are getting pretty heated.

Glyphosate point: One of the fights stems from an August 24 comment letter submitted by Janet Collins, CropLife America’s senior vice president for science and regulatory affairs. She calls the Scientific Advisory Panel’s review “unnecessary and an inappropriate use of EPA resources” and takes aim at the International Agency for Research on Cancer for raising concerns in March 2015 about the potential carcinogenicity of glyphosate. CropLife argues that regulatory bodies around the world have found that the chemical doesn’t cause cancer at the rates at which people are generally exposed to it, and that IARC’s report failed to take into account all available science. The group also accuses IARC panel member Kathryn Guyton of having conflicts of interest because she spoke to nonprofit groups before and after completion of the assessment. CropLife’s comments are here.

The counterpoint: Those accusations are false, IARC Director Christopher Wild says in an Oct. 4 letter posted to the docket late Thursday. “IARC examines only scientific reports available in the public domain, adhering to the principle that the basis of the IARC evaluations should be open to scrutiny by others,” Wild wrote, adding that the industry studies CropLife is likely referencing are not publicly available. As to Guyton, “IARC absolutely rejects the false statements that [she] had either pre-formed conclusions or conflicts of interest in relation to the glyphosate evaluation,” Wild said. His comments are here. And of course, if you are filing today, please send a copy to jhopkinson@politico.com.

Also today: Sodium comments are due: The deadline is tonight for those wanting to weigh in on FDA’s short term (2-year) voluntary sodium reduction targets, which cover some 150 categories of food, from chicken wings to bread. The short-term targets try to dial down sodium intake to about 3,000 milligrams per day (we’re closer to 3,400 milligrams right now, on average). The targets are on a shorter procedural timeline because the agency hopes that they can finalize them before the clock runs out on the Obama administration. Interested parties have until Dec. 2 to comment on the agency’s long-term (10-year) targets, which aim to get sodium consumption down to 2,300 milligrams per day — the amount the Dietary Guidelines recommend. More from FDA here.

On Wednesday, Trump, Clinton ag surrogates face off: Representatives from the two presidential campaigns are set to speak on agricultural issues during a Farm Foundation Forum at the National Press Club, hours before the last presidential debate. Donald Trump will be represented by Nebraska rancher and Agricultural Advisory Committee leader Charles Herbster and campaign co-chair Sam Clovis. Doing battle on behalf of Hillary Clinton will be former Sen. Mark Pryor of Arkansas. Expect a lot of talk about immigration, taxes, EPA and food stamps. Details are here.

On Thursday, FTC and USDA get together over false organic claims: The Federal Trade Commission and the USDA will host a round-table to look at organic claims used on products that fall outside of the scope of USDA’s organic program, such as dry cleaners, which the industry says is misleading consumers and harming their certifications. The day-long meeting will first look at consumer misconceptions, then how to prevent deception as well as policy approaches that could be used to address the issue. Miles McEvoy, who heads the organic program, and Jessica Rich, director of the FTC’s Bureau of Consumer Protection, are both set to address the session. Details here.

CUBA REGS NOT JUST ALL RUM AND CIGARS — THERE ARE TRACTORS, TOO: Most headlines generated by the White House’s big Cuba announcement on Friday focused on eased restrictions on Cuban rum and cigars, but here’s how the new rules, effective today, will benefit broader trade with the Communist-run nation.

The rules give Cuba more of an opportunity to be a part of supply chains, now that certain authorized goods exported to Cuba can be imported back into the U.S. This will allow items initially sent to Cuba to come back to the U.S. for repair or service. Also, consumer goods for personal use that are sold online, ranging from air conditioners to toothbrushes, can be sent to Cuban citizens. The amendments also make it possible for exporters to directly finance shipments of tractors, pesticides and other goods used in agriculture, avoiding onerous cash in advance requirements that apply to transactions for agricultural commodities.

The rules could also help ag in more subtle ways. Doug Keesling, the Kansas state director of the U.S. Agriculture Coalition for Cuba, said he believes they’ll bring more money into Cuba, giving the country greater purchasing power to buy U.S. products. “Indirectly, it’s actually huge,” he said.

COURT TOSSES OUT DIETARY GUIDELINES SUIT: A federal court on Friday dismissed a lawsuit alleging undue industry influence in the crafting of the Dietary Guidelines. The Physicians Committee for Responsible Medicine, which promotes a vegan diet, sued the Department of Agriculture and the Department of Health and Human Services in January, arguing that they had allowed the egg industry to improperly influence the Dietary Guidelines Advisory Committee recommendations on cholesterol. The group charged that some DGAC members had close ties to the industry and that the committee had relied too heavily on industry-funded studies. The group also cried foul over the fact that the American Egg Board had nominated one of the DGAC members.

The nonprofit said the court tossed out the suit because there are “no guidelines for determining how much industry influence is too much,” and so the complaint was “non-justiciable.” The case’s dismissal “means there are no clear limits as to the food industry’s role in future nutrition policy decisions,” the group said. PCRM’s announcement on the dismissal is here.

EPA APPROVES LIMITED USES OF SULFOXAFLOR: The EPA has given the green light to limited uses for the pesticide sulfoxaflor, which was pulled from the market last year after a federal court found that uses allowed by the agency weren’t appropriately protective of bees. Under the new registration, issued late Friday, the pesticide can only be used on crops that are not pollinated by bees or after plants have bloomed, when bees are unlikely to be present. There are also new rules restricting spraying the chemical in high winds and requiring a buffer from other crops. Read the agency’s statement here.

HOW HILLARY GOT TO ‘NO’ ON TPP: Hacked emails purportedly reveal how Hillary Clinton’s campaign worked to put the Democratic candidate’s view on the Trans-Pacific Partnership in line with that of her labor base shortly after the deal was concluded last October — and before she was to take the stage in a debate with longtime TPP opponent Sen. Bernie Sanders.

“We can't survive hemming and hawing for 3 weeks,” Clinton campaign manager John Podesta — whose gmail was hacked — wrote in an Oct. 6 exchange. Indeed, Clinton didn’t waste any time, and effectively opposed the deal on Oct. 8, a few days after the talks concluded, on Oct. 5. Her labor outreach director, Nikki Budzinski, had advocated that Clinton not take a formal position until the final text of the agreement was released — which ended up happening on Nov. 5 — to avoid making her position look too political.

“We don't have the language yet or much documentation to fall back, that she will be able to credibly say she reviewed and then therefore weighed in on,” Budzinski wrote. “If she weighs in now, without viewing the document, some in labor might wonder why she didn't just say she opposed earlier?”

But just a day later, on Oct. 7, Clinton speechwriter Dan Schwerin circulated a draft of her opposition statement, with at least one adviser advocating for broader language that would basically foreclose any support for the deal in the future. “The way it is written here, it sounds like she could flip her position next week or month if she hears new details of the deal,” campaign media adviser Mandy Grunwald wrote. “I think we have to close that door.”

MORE ON HILLARY AND GMOs: The newest WikiLeaks release also contains more banter between Podesta and GMO labeling advocate Gary Hirshberg. In a lengthy email to Podesta after Campbell Soup Company announced its support for mandatory labeling in January, Hirshberg lays out a case for why a pro-labeling stance from Clinton could help her win votes from women. Another email chain includes Clinton’s supposed response to a GMO labeling question at a fundraiser in Denver.

IF YOU CAN’T HANDLE THE HEAT: Podesta took to Twitter on Friday to needle Julian Assange, the WikiLeaks founder: “I bet the lobster risotto is better than the food at the Ecuadorian Embassy.”

GET OUT THE VOTE: Starting today, Pro Ag will be testing a new feedback system for POLITICO content. We’ll have voting buttons on stories and whiteboards, which subscribers can use to rate how helpful the information is. Help us evaluate how to give you the most of what you need!

CAKE + CANDLES: Happy belated birthdayto our talented POLITICO Pro Ag colleague Jenny Hopkinson! She tried to let it slip by over the weekend without anyone noticing, but we figured it out anyway. Shower her with good wishes: jhopkinson@politico.com

POP QUIZ: T/F? THE GSA IS REQUIRED BY LAW TO SUPPLY OFFICE SPACE AND EQUIPMENT TO PRESIDENTIAL TRANSITION TEAMS? Not sure? No problem. Over the next several weeks, we’ll be sharing the resources you’ll need to navigate the changing landscape in Washington. From the “Five Things You Need to Know” (where you’d learn the answer to the above question is true) to the big names under consideration for key positions, you’ll be 100 percent ready for Transition 2017. Sign up now.

MA’S INSTANT OATS:

— A Bureau of Land Management program to control the booming wild horse population in the West is buckling under increased costs, The New York Times reports.

— The Times also has a story on how vodka saved a farm in the Hamptons. Read it here.

— DTN looks into how the proposed GIPSA rules would change the court standard for suing meatpackers. Read it here.

— A Michigan-based turkey company has recalled 27 tons of its product because it was contaminated with an unknown black substance, Food Safety News reports.

— Iowa lawmakers are trying to figure out how to protect the state from climate change-induced flooding, The Des Moines Register reports.

About The Author

Ian Kullgren is a reporter on POLITICO’s employment and immigration team. Before joining POLITICO, he was a reporter for The Oregonian in Portland, Ore. and was part of a team that covered a 41-day standoff with armed militants at the Malheur National Wildlife Refuge. Their efforts earned the Associated Press Media Editors grand prize for news reporting in 2017. His real beat was politics, though, and he spent most his time at the state capitol covering the governor and state legislature.

He is a native of the mitten state and graduated from Michigan State University, where he ditched most of his classes to work on The State News, the student newspaper. He’s a big fan of mountains, for hiking in the summer and skiing in the winter.